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c�<,FORN'P City Council Staff Report
February 22, 2022
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jim Campbell, Deputy Community Development Director, [email protected]
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for February 17, 2022 ITEM NO. 1 MINUTES OF DECEMBER 9, 2021
SUMMARY: Draft minutes from the December 9, 2021, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits from a member of the public. The amended minutes were approved by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Lowrey and Rosene
ACTION: Approved with edits
ITEM NO. 2 KOCIUBA ENCROACHMENT (PA2022-021)
Site Location: 407 Fullerton Avenue
SUMMARY: A request to waive City Council Policy L-6 to install non-compliant private improvements consisting of a white picket fence and one (1) inward swinging gate with a maximum height of thirty-six (36) inches that encroach up to 6 feet within the 60 -foot -wide Fullerton Avenue public right-of-way. The Fullerton Avenue parkway within the public right-of-way is approximately 12 feet from face of curb to the property line. City Council Policy L-6 ("Policy") prohibits the proposed fence and gate since structures are limited to a 1 -foot projection into the right-of-way, and the Owner is requesting a waiver of the Policy to install these improvements.
The Planning Commission considered the encroachment permit request after receiving public comments. The Commission approved the project as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as
recommended
9-1
Planning Commission Agenda Report for February 17, 2022 February 22, 2022
PUBLIC HEARING ITEMS:
ITEM NO. 3 BEARD RESIDENCE (PA2021-130)
Site Location: 3625 Ocean Boulevard
SUMMARY: A request for a coastal development permit to demolish an existing single -unit residence and construct a new 5,413 -square -foot, single -unit residence with an attached 522 -square -foot two -car garage. The applicant requests a variance to deviate from maximum building height, front setback, and parking standards.
Additionally, a request for an encroachment permit to construct non-compliant private improvements within the Ocean Boulevard public right-of-way consisting of site walls, stairs on -grade, bio -retention planter, sump -pumps, railings, and a decorative concrete driveway that encroach up to 47 -feet into the 110 -foot -wide Ocean Boulevard public right-of-way.
The Planning Commission conducted a public hearing and approved the project as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Rosene NOES:
Weigand
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
ITEM NO. 4 RESIDENCES AT 1300 BRISTOL (PA2021-161)
Site Location: 1300 North Bristol Street
SUMMARY: The Residences at 1300 Bristol Street Project ("Project') includes the construction of 193 apartment units atop a 346 -space parking structure. The project is within the Residential Overlay of Newport Place Planned Community General Commercial Site 4 and is located at the northeast corner of Bristol North Street and Spruce Street in the Airport Area. Implementation of the proposed project would require demolition of the existing 33,292 -square -foot office building and surface parking within the 1.97 -acre project site.
The Planning Commission conducted a public hearing and adopted a resolution recommending City Council adoption of an addendum to the 2006 General Plan Update Environmental Impact Report, Major Site Development Review, Affordable Housing Implementation Plan, Traffic Study, and Transfer of Development Rights by the following vote.
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES:
None
ABSENT:
None
RECUSED:
Ellmore
ACTION: Recommend approval
9-2
Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
February 22, 2022
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jim Campbell, Deputy Community Development Director, [email protected]
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for February 17, 2022 ITEM NO. 1 MINUTES OF DECEMBER 9, 2021
SUMMARY: Draft minutes from the December 9, 2021, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits from a member of the public. The amended minutes were approved by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Lowrey and Rosene
ACTION: Approved with edits
ITEM NO. 2 KOCIUBA ENCROACHMENT (PA2022-021)
Site Location: 407 Fullerton Avenue
SUMMARY: A request to waive City Council Policy L-6 to install non-compliant private improvements consisting of a white picket fence and one (1) inward swinging gate with a maximum height of thirty-six (36) inches that encroach up to 6 feet within the 60 -foot -wide Fullerton Avenue public right-of-way. The Fullerton Avenue parkway within the public right-of-way is approximately 12 feet from face of curb to the property line. City Council Policy L-6 ("Policy") prohibits the proposed fence and gate since structures are limited to a 1 -foot projection into the right-of-way, and the Owner is requesting a waiver of the Policy to install these improvements.
The Planning Commission considered the encroachment permit request after receiving public comments. The Commission approved the project as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as
recommended
9-1
Planning Commission Agenda Report for February 17, 2022 February 22, 2022
PUBLIC HEARING ITEMS:
ITEM NO. 3 BEARD RESIDENCE (PA2021-130)
Site Location: 3625 Ocean Boulevard
SUMMARY: A request for a coastal development permit to demolish an existing single -unit residence and construct a new 5,413 -square -foot, single -unit residence with an attached 522 -square -foot two -car garage. The applicant requests a variance to deviate from maximum building height, front setback, and parking standards.
Additionally, a request for an encroachment permit to construct non-compliant private improvements within the Ocean Boulevard public right-of-way consisting of site walls, stairs on -grade, bio -retention planter, sump -pumps, railings, and a decorative concrete driveway that encroach up to 47 -feet into the 110 -foot -wide Ocean Boulevard public right-of-way.
The Planning Commission conducted a public hearing and approved the project as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Rosene NOES:
Weigand
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
ITEM NO. 4 RESIDENCES AT 1300 BRISTOL (PA2021-161)
Site Location: 1300 North Bristol Street
SUMMARY: The Residences at 1300 Bristol Street Project ("Project') includes the construction of 193 apartment units atop a 346 -space parking structure. The project is within the Residential Overlay of Newport Place Planned Community General Commercial Site 4 and is located at the northeast corner of Bristol North Street and Spruce Street in the Airport Area. Implementation of the proposed project would require demolition of the existing 33,292 -square -foot office building and surface parking within the 1.97 -acre project site.
The Planning Commission conducted a public hearing and adopted a resolution recommending City Council adoption of an addendum to the 2006 General Plan Update Environmental Impact Report, Major Site Development Review, Affordable Housing Implementation Plan, Traffic Study, and Transfer of Development Rights by the following vote.
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES:
None
ABSENT:
None
RECUSED:
Ellmore
ACTION: Recommend approval
9-2
February 22, 2022
Agenda Item No. 9
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, FEBRUARY 17, 2022
REGULAR MEETING — 6:30 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC COMMENTS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF DECEMBER 09, 2021
Recommended Action: Approve and file
ITEM NO. 2 KOCIUBA ENCROACHMENT (PA2022-021)
Site Location: 407 Fullerton Avenue
Summary:
A request to waive City Council Policy L-6 to install private improvements consisting of a white picket fence and one (1) inward swinging gate with a maximum height of thirty-six (36) inches that encroach up to 6 feet within the 60 -foot -wide Fullerton Avenue public right-of-way. The Fullerton Avenue parkway within the public right-of-way is approximately 12 feet from face of curb to the property line. City Council Policy L-6 ("Policy") prohibits the proposed fence and gate since structures are limited to a 1 -foot projection into the right-of-way, and the Owner is requesting a waiver of the Policy to install these improvements.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures), because it was no significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to install non-compliant private improvements consisting of a fence and inward swinging gate that encroach into the Fullerton Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and
3. Adopt Resolution No. PC2022-021 waiving the City Council Policy L-6 and approving Encroachment Permit NO. N2021-0604 (Attachment No. PC 2).
VII. PUBLIC HEARING ITEMS
Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
ITEM NO. 3 BEARD RESIDENCE (PA2021-130)
Site Location: 3625 Ocean Boulevard
Summary:
A request for a coastal development permit to demolish an existing single -unit residence and construct a new 5,413 -square -foot, single -unit residence with an attached 522 -square -foot two -car garage. The applicant requests a variance to deviate from maximum building height, front setback, and parking development standards. Additionally, a request to waive City Council Policy L-6 to construct private improvements with an encroachment permit within the Ocean Boulevard public right-of-way consisting of site walls, stairs on -grade, bio -retention planter, sump -pumps, railings and a decorative concrete driveway that encroach up to 47 -feet into the 110 -foot -wide Ocean Boulevard public right-of-way.
Recommended Action:
1. Conduct a public hearing;
2. Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment;
3. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain existing non-compliant private improvements within the Ocean Boulevard public right-of-way consisting of site walls, stairs on -grade, bio -retention planter, sump -pumps, railings and a decorative concrete driveway that encroaches in excess of 1 foot into the 110 -foot -wide Ocean Boulevard public right-of-way, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and
4. Adopt Resolution No. PC2022-002 waiving City Council Policy L-6 and approving Variance No. VA2022-002, Coastal Development Permit No. CD2021-025 and Encroachment Permit No. N2022-0040 (Attachment No. PC 1).
ITEM NO. 4 RESIDENCES AT 1300 BRISTOL (PA2021-161)
Site Location: 1300 North Bristol Street
Summary:
The Residences at 1300 Bristol Street Project ("Project') would result in the construction of 193 apartment units atop a 346 -space parking structure. The 1.97 -acre project site is within the Residential Overlay of Newport Place Planned Community General Commercial Site 4, and is located at the northeast corner of Bristol North Street and Spruce Street in the Airport Area. The project inclues 24 units that will be made available to lower-income households. Project consideration also includes the transfer of 77 units from the the Uptown Newport Planned Community. Implementation of the proposed project would require demolition of the existing 33,292 -square -foot office building and surface parking. The project requires the approval of a traffic study pursuant to the Traffic Phasing Ordinance.
Recommended Action:
1. Conduct a public hearing;
Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, he PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the project; and
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3. Adopt Resolution No. PC2022-003 (Attachment No. PC 1) recommending the City Council adoption of Environmental Impact Report Addendum No. ER2022-001, and approval of Major Site Development Review No. SD2021-003, Affordable Housing Implementation Plan No. AH2022.001, Traffic Study No. TS2022.001, and Transfer of Development Rights No. TD2022-001 for Residences at 1300 Bristol Street Project located at 1300 Bristol Street (PA2021-161).
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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